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N.Y. Domestic Relations Law § 232

N.Y. Domestic Relations Law § 232 - Notice of Nature of Matrimonial Action Proof of Service (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. Domestic Relations Law § 232, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 232 — Notice of nature of matrimonial action; proof of s DRL § 232 Notice of nature of matrimonial action; proof of service. a ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 232. Notice of nature of matrimonial action; proof of service. a. Inan action to annul a marriage or for divorce or for separation, if thecomplaint is not personally served with the summons, the summons shallhave legibly written or printed upon the face thereof: "Action to annula marriage", "Action to declare the nullity of a void marriage", "Actionfor a divorce", or "Action for a separation", as the case may be, andshall specify the nature of any ancillary relief demanded. A judgmentshall not be rendered in favor of the plaintiff upon the defendant'sdefault in appearing or pleading, unless either (1) the summons and acopy of the complaint were personally delivered to the defendant; or (2)the copy of the summons (a) personally delivered to the defendant, or(b) served on the defendant pursuant to an order directing the method ofservice of the summons in accordance with the provisions of sectionthree hundred eight or three hundred fifteen of the civil practice lawand rules, shall contain such notice.b. An affidavit or certificate proving service shall stateaffirmatively in the body thereof that the required notice was writtenor printed on the face of the copy of the summons delivered to thedefendant and what knowledge the affiant or officer who executed thecertificate had that he was the defendant named and how he acquired suchknowledge. The court may require the affiant or officer who executed theaffidavit or certificate to appear in court and be examined in respectthereto. Source: NYSenate.gov Open Legislation | Laws of New York Page 1